CALENDAR OF ACTIVITIES AND PERIODS OF PROHIBITED ACTS IN CONNECTION WITH THE PLEBISCITE FOR THE CREATION OF DAVAO OCCIDENTAL OUT OF THE PROVINCE OF DAVAO DEL SUR CONSISTING OF THE MUNICIPALITIES OF STA. MARIA, MALITA, DON MARCELINO, JOSE ABAD SANTOS, AND SARANGANI, PURSUANT TO REPUBLIC ACT NO. 10360 DATED JULY 23, 2012 AND THE ADOPTION OF PERTINENT RESOLUTIONS IN CONNECTION THEREWITH
WHEREAS, the Commission on Elections (Commission) promulgated Minute Resolution No.13-0926 dated 06 August 2013, which schedule the date of the plebiscite for the creation of Davao Occidental out of Davao del Sur on October 28, 2013;
WHEREAS, in order to define the periods and activities for the Plebiscite for the Creation of Davao Occidental, there is a need for the Commission to promulgate the calendar of activities and periods of prohibited acts in connection with the said Plebiscite;
WHEREAS, for the purpose of the October 28, 2013 Synchronized Barangay and SK Elections, the Commission promulgated Resolution No. 9735 dated 03 July 2013, adopting the pertinent resolutions for the May 13, 2013 National and Local Elections contained therein;
WHEREAS, on 26 July 2013, the Commission likewise promulgated Resolution No. 9749, adopting Resolutions promulgated for the 2010 Barangay and SK Elections and 2013 National and Local Elections for the conduct of the 2013 Barangay and SK Elections;
WHEREAS, since the Plebiscite for the Creation of Davao Occidental will be conducted simultaneously with the Synchronized Barangay and SK Elections, it is practical and sensible to adopt the Resolutions intended for the Synchronized Barangay and SK Elections;
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it under the Constitution, the Omnibus Election Code, and other election laws, RESOLVED, as it hereby RESOLVES the following:
- TO PRESCRIBE the following calendar of activities and periods of prohibited acts in connection with the Plebiscite for the Creation of Davao Occidental Out of the Province Of Davao Del Sur Composed of the Municipalities of Sta. Maria, Malita, Don Marcelino, Jose Abad Santos and Sarangani From The Province Of Davao Del Sur as follows:
| DATE/PERIOD | ACTIVITIES | PROHIBITED ACTS |
|---|---|---|
| SEPT. 09, 2013 (MON) | Last day to constitute the Plebiscite Board of Canvassers | |
| SEPT. 28, 2013 (SAT) - NOV. 12, 2013 (TUE) (30 DAYS BEFORE THE DATE OF PLEBISCITE AND 15 DAYS THEREAFTER | PLEBISCITE PERIOD | Bearing, carrying or transporting firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, or even if licensed to possess or carry the same, unless authorized in writing by the Commission (Sec. 261(p) (q) OEC as amended by Sec. 32, RA 7166); |
| Suspension of local elective officials (Sec. 261 (x), OEC); | ||
| Transfer of officers and employees in the civil service (Sec. 261 (h), OEC); | ||
| Alteration of territory of a precinct or establishment of a new precinct (Sec. 5, R.A. 8189); | ||
| Organizing or maintaining reaction/strike forces or similar forces (Sec.261, (u), OEC); | ||
| Illegal release of prisoners (Sec. 261 (n), OEC); | ||
| Use of security personnel or bodyguards by candidates, whether or not such bodyguards are regular members or officers of the Philippine National Police or Armed Forces of the Philippines or other law enforcement agency (Sec. 261 (t), OEC, as amended by Sec. 33, RA 7166); | ||
| Release, disbursement or expenditures of public funds (Sec. 261 (v), OEC); Construction of public works, delivery of materials for public works and issuance of treasury warrants or similar devices for a future undertaking chargeable against public funds (Sec. 261, (w) OEC). |
||
| SEPTEMBER 28, 2013 (SAT) to OCTOBER 26, 2013 (SAT) | INFORMATION CAMPAIGN PERIOD |
Making any donation or gift in cash or in kind, etc. (Sec. 104, OEC); Use of armored/ land/ water/ air craft. (Sec. 261 (r), OEC); Appointing or using special policemen, special/ confidential agents or the like. (Sec. 261 (m), OEC); |
| SEPTEMBER 28, 2013 (SAT) to OCTOBER 28, 2013 (MON) | Issuance of appointments, promotions, creation of new positions, or giving of salary increases. | |
| OCTOBER 27, 2013 (SUN) | EVE OF PLEBISCITE DAY | Campaigning (Sec. 3, OEC); |
| Giving, accepting free transportation, foods, drinks, and things of value (Sec. 89, OEC); | ||
| Selling, furnishing, offering, buying, serving or taking intoxicating liquor (Sec. 261 (dd), (1), OEC). (NOTE: Acts mentioned in the three (3) preceding paragraphs are prohibited until election day.) |
||
| OCTOBER 28, 2013 (MON) | PLEBISCITE DAY Casting of votes- (from 7:00 a.m. to 3:00 p.m. simultaneous with the voting for the Barangay and SK Elections) Counting of votes shall be after the counting of votes for Barangay and SK Elections) Convening of the City Plebiscite Board of Canvassers - (6:00 p.m.) |
Vote-buying and vote selling (Sec. 261 (a), OEC); Voting more than once or in substitution of another (Sec. 261 (z) (2) and (3), OEC); Campaigning (Sec. 3, OEC); Soliciting votes or undertaking any propaganda for or against any candidate or any political party within the polling place or within thirty (30) meters thereof (Sec. 261 (cc) (6), OEC); Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261 (dd) (1), OEC); Opening of booths or stalls for the sale, etc., of wares, merchandise or refreshments, within thirty (30) meters radius from the polling place. (Sec. 261 (dd) (2) OEC); Giving and/or accepting free transportation, food, drinks and things of value (Sec. 89, OEC); Holding of fairs, cockfights, boxing, horse races or similar sports. (Sec. 261 (dd) (3), OEC). |
- TO ADOPT Resolution No. 9735 dated 03 July 2013, for purposes of the October 28, 2013 Plebiscite for the Creation of Davao Occidental, subject to the dates and periods as provided in Calendar of Activities and Periods for Prohibited Acts in connection with the October 28, 2013 Plebiscite for the Creation of Davao Occidental;
- TO ADOPT Resolution No. 9749 dated 26 July 2013, for purposes of the October 28, 2013 Plebiscite for the Creation of Davao Occidental, subject to the dates and periods as provided in Calendar of Activities and Periods for Prohibited Acts in connection with the October 28, 2013 Plebiscite for the Creation of Davao Occidental
Let this Resolution be published in two (2) daily newspapers of general circulation in the Philippines, and in one (1) local newspaper of general circulation in the Province of Davao del Sur. The Deputy Executive Director for Operations shall furnish copies of this Resolution to the Regional Election Director of Region XI, the Provincial Election Supervisor of Davao del Sur, all Election Officers of Davao del Sur except Davao City, the Secretary of the Department of Interior and Local Government, the Secretary of the Department of Justice, the Secretary of the Department of Education, the DepEd Superintendent of Davao del Sur, the Provincial Governor of Davao del Sur, and all the Municipal Mayors of Davao del Sur.
The Regional Election Director of Region XI, the Provincial Election Supervisor of Davao del Sur, and all the Election Officer of the Province of Davao del Sur except Davao City, shall give this Resolution the widest dissemination.
This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines, and in one (1) local newspaper of general circulation in the Province of Davao del Sur.
SO ORDERED.